Bergen County towns urge action on flood-control bill

Following Westwood's lead, other Bergen County municipalities are passing resolutions to urge quick action on a flood-prevention bill that has been blocked by a state legislative committee for six years. If passed, the bill would cut red tape for county and municipal stream-cleaning projects.

The proposal would make it easier for local governments to do such work without running afoul of state restrictions.

"I believe this is an important tool for our local municipalities as they continually face repetitive flooding events that have become more severe over the past five years," said Assemblywoman Holly Schepisi, one of four Bergen and Passaic district sponsors of the legislation.

After Westwood acted, in May, six other towns followed suit by passing identical resolutions, said Michael Cerra, director of government affairs at the New Jersey State League of Municipalities. He gets a copy of each resolution and expects more to come. The resolutions are also being sent to the Assembly Environment and Solid Waste Committee.

"The Assembly bill isn't perfect, by any stretch but it's another step," said Westwood Mayor John Birkner, who added that he has been working closely with Schepisi on flooding in the Pascack Valley region.

Westwood's resolution states that the "sediment, debris, garbage, brush, and trees that accumulate in our waterways contributes to serious flooding that causes property damage and threatens personal safety" and "restrictions on stream cleaning, desilting and desnagging projects by counties and municipalities are currently onerous and restrictive."

"This is a simplified permit process," said state Sen. Gerald Cardinale, who originally introduced the bill in 2008. "It is very difficult to get work done on account of [New Jersey Department of Environmental Protection] regulation."

Under current law, county and municipal projects cannot remove sediment in streams more than 500 feet long and 15 feet wide. The proposed legislation would drop stream-length restrictions entirely and change the width requirement to 50 feet.

"A stream doesn't just end in one municipality," Schepisi said, noting that Bergen County has many longer and wider streams.

The bill would also allow municipalities and counties to remove sediment in Category 1 waters, which are protected from any measurable change in water quality because of their exceptional significance for ecology, recreation, water supply or fisheries resources, according to the DEP.

"When you look at flooding and the debris that ends up in waterways, this will make for healthier waterways," Schepisi said.

Following a review by Lt. Gov. Kim Guadagno, the DEP cut red tape for stream desnagging, clearing and cleaning permits, as well as for regional projects, said Cindy Randazzo, director of the Office of Local Government Assistance. NJDEP press director Larry Ragonese said these policy initiatives did not include dredging.

When Randazzo meets with municipalities the first thing she asks is what concerns officials have about stream cleaning.

"It's surprising that folks think they can't do it at all because of decades of red tape," she said. Randazzo often visits municipalities to walk the stream with officials, to show them what they can do without a permit and what permits they will need.

New Milford Mayor Ann Subrizi said, "I saw the resolution and I asked to have it put on the agenda." The borough has multiple Hackensack tributaries running through it and stream cleaning can be used "as a flood mitigation tool," she said.

Shortly after New Milford passed the resolution, Subrizi met with Randazzo, who explained recent procedural changes. Subrizi said she was pleased.

"The DEP now has a more streamlined, less-stringent process," Subrizi said. "We're able to do minor stream cleaning. Not hundreds and hundreds of feet, but in short lengths."

Birkner said, "What we really need is the Legislature to implement a long-range, long-term stream maintenance and management program."